Legal Opinion

Tarbox v. Tarbox

Supreme Judicial Court of Maine

Decided January 7, 1914PublishedCited by 11 opinions

On exceptions by both párties. This is a bill in equity praying that the defendant may be declared to be a trustee of all bonds bequeathed to him by the will of Alfred Lemont, and received by him from the executors of said will, and all other bonds or other property into which said original bonds, or the proceeds thereof, have been converted by the defendant; that the defendant be ordered to pay to her the income thereof during her natural life; for an injunction and an…

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On exceptions by both párties. This is a bill in equity praying that the defendant may be declared to be a trustee of all bonds bequeathed to him by the will of Alfred Lemont, and received by him from the executors of said will, and all other bonds or other property into which said original bonds, or the proceeds thereof, have been converted by the defendant; that the defendant be ordered to pay to her the income thereof during her natural life; for an injunction and an accounting. The defendant fded an answer to said bill and the case was sent to a master, who made his report. A decree, was…

1Opinion of the CourtHanson, J.

This is a bill in equity to enforce an alleged trust,, and comes to this court on exceptions by both parties. The original bill was dated October 14, 1909, and related to bonds aggregating in amount $64,500. The plaintiff alleges “that the defendant held the bonds in trust to pay the income thereof to the plaintiff during her lifetime, and that the defendant disregarding his duty had paid only a portion of said income, and neglects and refuses to pay the balance, denies the trust relation, and declares that he will pay no more of said income'hereafter.”

*376The prayer of the bill is, “that the…

2Cases cited3 opinions

  1. Griffith v. GodeySupreme Court of the United States · 1885
  2. Page v. HigginsMassachusetts Supreme Judicial Court · 1889
  3. Blakeman v. BlakemanSupreme Court of Connecticut · 1872

3Cited by11 opinions

  1. Elliott v. MosgroveOregon Supreme Court · 1939
  2. Hazzard v. Westview Golf Club, Inc.Supreme Judicial Court of Maine · 1966
  3. Bryan v. BreyerSupreme Judicial Court of Maine · 1995
  4. Morgan v. United StatesUnited States Court of Claims · 1934
  5. Sinclair v. Home Indemnity CompanySupreme Judicial Court of Maine · 1963

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